LOCAL GOVERNMENT CODE CHAPTER 391. REGIONAL PLANNING COMMISSIONS
LOCAL GOVERNMENT CODE
SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 391. REGIONAL PLANNING COMMISSIONS
§ 391.001. PURPOSE. (a) The purpose of this chapter is
to encourage and permit local governmental units to:
(1) join and cooperate to improve the health, safety,
and general welfare of their residents; and
(2) plan for the future development of communities,
areas, and regions so that:
(A) the planning of transportation systems is
improved;
(B) adequate street, utility, health,
educational, recreational, and other essential facilities are
provided as the communities, areas, and regions grow;
(C) the needs of agriculture, business, and
industry are recognized;
(D) healthful surroundings for family life in
residential areas are provided;
(E) historical and cultural values are
preserved; and
(F) the efficient and economical use of public
funds is commensurate with the growth of the communities, areas,
and regions.
(b) The general purpose of a commission is to make studies
and plans to guide the unified, far-reaching development of a
region, eliminate duplication, and promote economy and efficiency
in the coordinated development of a region.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.002. DEFINITIONS. In this chapter:
(1) "Governmental unit" means a county, municipality,
authority, district, or other political subdivision of the state.
(2) "Commission" means a regional planning
commission, council of governments, or similar regional planning
agency created under this chapter.
(3) "Region" means a geographic area consisting of a
county or two or more adjoining counties that have, in any
combination:
(A) common problems of transportation, water
supply, drainage, or land use;
(B) similar, common, or interrelated forms of
urban development or concentration; or
(C) special problems of agriculture, forestry,
conservation, or other matters.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.003. CREATION. (a) Any combination of counties
or municipalities or of counties and municipalities may agree, by
ordinance, resolution, rule, order, or other means, to establish a
commission.
(b) The agreement must designate a region for the commission
that:
(1) consists of territory under the jurisdiction of
the counties or municipalities, including extraterritorial
jurisdiction; and
(2) is consistent with the geographic boundaries for
state planning regions or subregions that are delineated by the
governor and that are subject to review and change at the end of
each state biennium.
(c) A commission is a political subdivision of the state.
(d) This chapter permits participating governmental units
the greatest possible flexibility to organize a commission most
suitable to their view of the region's problems.
(e) The counties and municipalities making the agreement
may join in the exercise of, or in acting cooperatively in regard
to, planning, powers, and duties as provided by law for any or all
of the counties and municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.004. PLANS AND RECOMMENDATIONS. (a) A
commission may plan for the development of a region and make
recommendations concerning major thoroughfares, streets, traffic
and transportation studies, bridges, airports, parks, recreation
sites, school sites, public utilities, land use, water supply,
sanitation facilities, drainage, public buildings, population
density, open spaces, and other items relating to the commission's
general purposes.
(b) A plan or recommendation of a commission may be adopted
in whole or in part by the governing body of a participating
governmental unit.
(c) A commission may assist a participating governmental
unit in:
(1) carrying out a plan or recommendation developed by
the commission; and
(2) preparing and carrying out local planning
consistent with the general purpose of this chapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.005. POWERS. (a) A commission may contract with
a participating governmental unit to perform a service if:
(1) the participating governmental unit could
contract with a private organization without governmental powers to
perform the service; and
(2) the contract to perform the service does not
impose a cost or obligation on a participating governmental unit
not a party to the contract.
(b) A commission may:
(1) purchase, lease, or otherwise acquire property;
(2) hold or sell or otherwise dispose of property;
(3) employ staff and consult with and retain experts;
or
(4)(A) provide retirement benefits for its employees
through a jointly contributory retirement plan with an agency,
firm, or corporation authorized to do business in the state; or
(B) participate in the Texas Municipal
Retirement System, the Employees Retirement System of Texas, or the
Texas County and District Retirement System when those systems by
legislation or administrative arrangement permit participation.
(c) Participating governmental units may by joint agreement
provide for the manner of cooperation between participating
governmental units and provide for the methods of operation of the
commission, including:
(1) employment of staff and consultants;
(2) apportionment of costs and expenses;
(3) purchase of property and materials; and
(4) addition of a governmental unit.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.006. GOVERNING BODY OF COMMISSION.
(a) Participating governmental units may by joint agreement
determine the number and qualifications of members of the governing
body of a commission.
(b) At least two-thirds of the members of a governing body
of a commission must be elected officials of participating counties
or municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.007. DETAIL OR LOAN OF AN EMPLOYEE. (a) A state
agency or a governmental unit may detail or loan an employee to a
commission.
(b) During the period of the detail or loan, the employee
continues to receive salary, leave, retirement, and other personnel
benefits from the lending agency or governmental unit but works
under the direction and supervision of the commission.
(c) The detail or loan of an employee may be on a
reimbursable or nonreimbursable basis as agreed by the lending
agency or governmental unit and the commission. The detail or loan
expires at the mutual consent of the lending agency or governmental
unit and the commission.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.008. REVIEW AND COMMENT PROCEDURES. (a) In a
state planning region or subregion in which a commission has been
organized, the governing body of a governmental unit within the
region or subregion, whether or not a member of the commission,
shall submit to the commission for review and comment an
application for a loan or grant-in-aid from a state agency, and from
a federal agency if the project is one for which the federal
government requires review and comment by an areawide planning
agency, before the application is filed with the state or federal
government.
(b) For federally aided projects for which an areawide
review is required by federal law or regulation, the commission
shall review the application from the standpoint of consistency
with regional plans and other considerations as specified in
federal or state regulations and shall enter its comments on the
application and return it to the originating governmental unit.
(c) For other federally aided projects and for state-aided
projects, the commission shall advise the governmental unit on
whether the proposed project for which funds are requested has
regionwide significance.
(d) If the proposed project has regionwide significance,
the commission shall determine whether it is in conflict with a
regional plan or policy. It may consider whether the proposed
project is properly coordinated with other existing or proposed
projects within the region. The commission shall record on the
application its view and comments, transmit the application to the
originating governmental unit, and send a copy to the concerned
federal or state agency.
(e) If the proposed project does not have regionwide
significance, the commission shall certify that it is not in
conflict with a regional plan or policy.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE
AGENCIES. (a) To protect the public interest and promote the
efficient use of public funds, the governor, with the technical
assistance of the state auditor, may draft and adopt:
(1) rules relating to the operation and oversight of a
commission;
(2) rules relating to the receipt or expenditure of
funds by a commission, including:
(A) restrictions on the expenditure of any
portion of commission funds for certain classes of expenses; and
(B) restrictions on the maximum amount of or
percentage of commission funds that may be expended on a class of
expenses, including indirect costs or travel expenses;
(3) annual reporting requirements for a commission;
(4) annual audit requirements on funds received or
expended by a commission from any source;
(5) rules relating to the establishment and use of
standards by which the productivity and performance of each
commission can be evaluated; and
(6) guidelines that commissions and governmental
units shall follow in carrying out the provisions of this chapter
relating to review and comment procedures.
(a-1) The governor may draft and adopt rules under
Subsection (a) using negotiated rulemaking procedures under
Chapter 2008, Government Code.
(a-2) Based on a risk assessment performed by the state
auditor and subject to the legislative audit committee's approval
for inclusion in the audit plan under Section 321.013, Government
Code, the state auditor's office shall assist the governor as
provided by Subsection (a).
(b) The governor and state agencies shall provide technical
information and assistance to the members and staff of a commission
to increase, to the greatest extent feasible, the capability of the
commission to discharge its duties and responsibilities prescribed
by this chapter and to ensure compliance with the rules,
requirements, and guidelines adopted under Subsection (a).
(c) In carrying out their planning and program development
responsibilities, state agencies shall, to the greatest extent
feasible, coordinate planning with commissions to ensure effective
and orderly implementation of state programs at the regional level.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 281, § 16, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 694, § 1, eff. June 13, 2001; Acts 2003,
78th Leg., 3rd C.S., ch. 3, § 9.01, 9.02, eff. Jan. 11, 2004.
§ 391.0091. STATE AGENCY CONSULTATION WITH REGIONAL
PLANNING COMMISSIONS. (a) In this section, "service" includes a
program.
(b) If a state agency determines that a service provided by
that agency should be decentralized to a multicounty region, the
agency shall use a state planning region or combination of regions
for the decentralization.
(c) A state agency that decentralizes a service provided to
more than one public entity or nonprofit organization in a region
shall consult with the commission for that region in planning the
decentralization. The commission shall consult with each affected
public entity or nonprofit organization.
(d) A state agency, in planning for decentralization of a
service in a region, shall consider using a commission for that
service to:
(1) achieve efficiencies through shared costs for:
(A) executive management;
(B) administration;
(C) financial accounting and reporting;
(D) facilities and equipment;
(E) data services; and
(F) audit costs;
(2) improve the planning, coordination, and delivery
of services by coordinating the location of services;
(3) increase accountability and local control by
placing a service under the oversight of the commission; and
(4) improve financial oversight through the auditing
and reporting required under this chapter.
(e) This section does not apply to a service:
(1) that continues to be operated by a state agency
through a regional administrative office of that agency; or
(2) for which the state agency determines that a law,
rule, or program policy makes use of the geographic area of a single
county or adjacent counties more appropriate.
Added by Acts 2003, 78th Leg., ch. 718, § 1, eff. Sept. 1, 2003.
§ 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
audit and reporting requirements under Section 391.009(a) shall
include a requirement that a commission annually report to the
state auditor:
(1) the amount and source of funds received by the
commission;
(2) the amount and source of funds expended by the
commission;
(3) an explanation of any method used by the
commission to compute an expense of the commission, including
computation of any indirect cost of the commission;
(4) a report of the commission's productivity and
performance during the annual reporting period;
(5) a projection of the commission's productivity and
performance during the next annual reporting period;
(6) the results of an audit of the commission's affairs
prepared by an independent certified public accountant; and
(7) a report of any assets disposed of by the
commission.
(b) The annual audit of a commission may be commissioned by
the commission or at the direction of the governor's office, as
determined by the governor's office, and shall be paid for from the
commission's funds.
(c) A commission shall submit any other report or an audit
to the state auditor and the governor.
(d) If a commission fails to submit a report or audit
required under this section or is determined by the state auditor to
have failed to comply with a rule, requirement, or guideline
adopted under Section 391.009, the state auditor shall report the
failure to the governor's office. The governor may, until the
failure is corrected:
(1) appoint a receiver to operate or oversee the
commission; or
(2) withhold any appropriated funds of the commission.
(e) A commission shall send to the governor, the state
auditor, the comptroller, and the Legislative Budget Board a copy
of each report and audit required under this section or under
Section 391.009. The state auditor may review each audit and
report, subject to a risk assessment performed by the state auditor
and to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code. If
the state auditor reviews the audit or report, the state auditor
must be given access to working papers and other supporting
documentation that the state auditor determines is necessary to
perform the review. If the state auditor finds significant issues
involving the administration or operation of a commission or its
programs, the state auditor shall report its findings and related
recommendations to the legislative audit committee, the governor,
and the commission. The governor and the legislative audit
committee may direct the commission to prepare a corrective action
plan or other response to the state auditor's findings or
recommendations. The legislative audit committee may direct the
state auditor to perform any additional audit or investigative work
that the committee determines is necessary.
Added by Acts 1999, 76th Leg., ch. 281, § 17, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 742, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 785, § 66, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 9.03, eff. Jan. 11,
2004.
§ 391.00951. REPORT TO SECRETARY OF STATE. (a) In this
section, "colonia" means a geographic area that:
(1) is an economically distressed area as defined by
Section 17.921, Water Code;
(2) is located in a county any part of which is within
62 miles of an international border; and
(3) consists of 11 or more dwellings that are located
in close proximity to each other in an area that may be described as
a community or neighborhood.
(b) To assist the secretary of state in preparing the report
required under Section 405.021, Government Code, the commission on
a quarterly basis shall provide a report to the secretary of state
detailing any projects funded by the commission that provide
assistance to colonias.
(c) The report must include:
(1) a description of any relevant projects;
(2) the location of each project;
(3) the number of colonia residents served by each
project;
(4) the exact amount spent or the anticipated amount
to be spent on each colonia served by each project;
(5) a statement of whether each project is completed
and, if not, the expected completion date of the project; and
(6) any other information, as determined appropriate
by the secretary of state.
(d) The commission shall require an applicant for funds
administered by the commission to submit to the commission a
colonia classification number, if one exists, for each colonia that
may be served by the project proposed in the application. If a
colonia does not have a classification number, the commission may
contact the secretary of state or the secretary of state's
representative to obtain the classification number. On request of
the commission, the secretary of state or the secretary of state's
representative shall assign a classification number to the colonia.
Added by Acts 2007, 80th Leg., R.S., Ch. 341, § 19, eff. June 15,
2007.
§ 391.010. CONFLICT OF INTEREST IN PROVISION OF LEGAL
SERVICES. (a) A member of the governing body of a commission or a
person who provides legal services to a commission may not:
(1) provide legal representation before or to the
commission on behalf of a governmental unit located, in whole or in
part, within the boundaries of the commission; or
(2) be a shareholder, partner, or employee of a law
firm that provides those legal services to the governmental unit.
(b) A person who violates Subsection (a) may not receive
compensation or reimbursement for expenses from the commission or
governmental unit.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.011. FUNDS. (a) A commission does not have power
to tax.
(b) A participating governmental unit may appropriate funds
to a commission for the costs and expenses required in the
performance of its purposes.
(c) A commission may apply for, contract for, receive, and
expend for its purposes a grant or funds from a participating
governmental unit, the state, the federal government, or other
source.
(d) A commission may not expend funds for an automobile
allowance for a member of the governing body of the commission if
the member holds another state, county, or municipal office.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 713, § 3, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 280, § 18, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1498, § 6, eff. Sept. 1, 1999.
§ 391.0115. RESTRICTIONS ON COMMISSION TRAVEL COSTS.
(a) In reimbursing commission personnel for travel expenses, a
commission may not expend funds for travel in excess of the amount
of money that may be expended for state personnel under the General
Appropriations Act or travel regulations adopted by the
comptroller, including any restrictions on mileage reimbursement,
per diem, and lodging reimbursement rates.
(b) A member of the governing body of a commission may not be
reimbursed from state-appropriated funds, including federal funds,
for official travel in an amount in excess of the rates set for
travel by state board and commission members. If a hotel is unable
or unwilling to provide a commission or its officers or employees a
rate equivalent to the rate provided to state employees or if a
negotiated conference rate for an officially sanctioned conference
or meeting exceeds the applicable state reimbursement rate for
lodging, a commission may reimburse for lodging expenses at the
rates of the expenses incurred.
(c) A commission may not expend any funds for the purchase
of alcoholic beverages or entertainment.
(d) A commission may purchase goods or a service only if the
commission complies with the same provisions for purchasing goods
or a service that are equivalent to the provisions, including
Chapter 252, applying to a local government.
(e) A commission may not spend an amount more than 15
percent of the commission's total expenditures on the commission's
indirect costs. For the purposes of this subsection, the
commission's capital expenditures and any subcontracts,
pass-throughs, or subgrants may not be considered in determining
the commission's total direct costs. In this subsection,
"pass-through funds" means funds, including subgrants or
subcontracts, that are received by a commission from the federal or
state government or other grantor for which the commission serves
merely as a cash conduit and has no administrative or financial
involvement in the program, such as contractor selection, contract
provisions, contract methodology payment, or contractor oversight
and monitoring.
(f) In this section, "indirect costs" means costs that are
not directly attributable to a single action of a commission. The
governor shall use the federal Office of Management and Budget
circulars A-87 and A-122 or use any rules relating to the
determination of indirect costs adopted under Chapter 783,
Government Code, in administering this section.
Added by Acts 1999, 76th Leg., ch. 280, § 19, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1498, § 7, eff. Sept. 1, 1999.
§ 391.0116. RESTRICTIONS ON EMPLOYMENT. (a) An
employee of a commission when using state-appropriated funds,
including federal funds, is subject to the same rules regarding
lobbying and other advocacy activities as an employee of any state
agency.
(b) The nepotism provisions of Chapter 573, Government
Code, apply to a commission.
Added by Acts 1999, 76th Leg., ch. 1498, § 7, eff. Sept. 1, 1999.
§ 391.0117. SALARY SCHEDULES. (a) For each fiscal
year, a commission shall adopt a salary schedule containing a
classification salary schedule for classified positions and
identifying and specifying the salaries for positions exempt from
the classification salary schedule.
(b) The salary schedule adopted by the commission may not
exceed, for classified positions, the state salary schedule for
classified positions as prescribed by the General Appropriations
Act adopted by the most recent legislature. A commission may adopt
a salary schedule that is less than the state salary schedule.
(c) A salary for a position classified under the salary
schedule may not exceed the state salary that has been approved by
the state auditor's office and paid by the state for comparable
work.
(d) A position may only be exempted from the classification
salary schedule adopted by the commission if the exemption and the
amount of salary paid for the exempt position is within the range
determined appropriate for state exempt positions by the state
auditor.
(e) A commission shall submit to the state auditor the
commission's salary schedule, including the salaries of all exempt
positions, not later than the 45th day before the date of the
beginning of the commission's fiscal year. If the state auditor,
subject to the legislative audit committee's approval for inclusion
in the audit plan under Section 321.013, Government Code, has
recommendations to improve a commission's salary schedule or a
portion of the schedule, the state auditor shall report the
recommendations to the governor's office. The governor's office
may not allow the portion of the schedule for which the state
auditor has recommendations to go into effect until revisions or
explanations are given that are satisfactory to the governor based
on recommendations from the state auditor.
(f) This section does not apply to a commission if the most
populous county that is a member of the commission has an actual
average weekly wage that exceeds the state actual average weekly
wage by 20 percent or more for the previous year as determined by
the Texas Workforce Commission in its County Employment and Wage
Information Report.
Added by Acts 1999, 76th Leg., ch. 279, § 26, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 9.04, eff.
Jan. 11, 2004.
§ 391.012. STATE FINANCIAL ASSISTANCE. (a) To qualify
for state financial assistance, a commission must:
(1) have funds available annually from sources other
than federal or state governments equal to or greater than half of
the state financial assistance for which the commission applies;
(2) comply with the regulations of the agency
responsible for administering this chapter;
(3) offer membership in the commission to all counties
and municipalities included in the state planning region;
(4) include any combination of counties or
municipalities having a combined population equal to or greater
than 60 percent of the population of the state planning region;
(5) include at least one full county;
(6) encompass an area that is economically and
geographically interrelated and forms a logical planning region;
and
(7) be engaged in a regional planning process.
(b) Within funds available and in accordance with rules
issued by the office of the governor, a commission may use state
financial assistance to:
(1) promote intergovernmental cooperation by
coordinating regional plans and programs with member governments,
nonmember governments, state agencies which impact the region, and,
where state agencies have regional office structures, state agency
regional offices;
(2) function as a regional review agency under the
Texas Review and Comment System pursuant to state and federal
statutes and regulations;
(3) leverage commission dues, local funds, and state
funds to obtain maximum federal funding assistance and private
funding for the state and the region;
(4) provide assistance to local governments;
(5) assist state agencies and organizations in
developing local and regional input for state plans, in planning
for the successful implementation of state programs at the regional
level as required in Section 391.009(c), in preparing for and
conducting state-sponsored hearings and public meetings, and in
disseminating state-generated information and educational
materials; and
(6) provide assistance to state agencies and
organizations in developing, implementing, and assessing state
programs and services within the region as needed.
(c) A commission that qualifies for state financial
assistance is eligible annually for an amount determined as
follows:
(1) $1,000 for each dues-paying member county;
(2) an additional 10 cents per capita for the
population of dues-paying member counties and municipalities; and
(3) the amount necessary to assure that the total
amount available to the commission is no less than $50,000.
(d) If state appropriations are more than the amount
necessary to fund the level of financial assistance generated by
this formula, the governor shall increase the funding for which
each commission is eligible in proportion to the amount it would
have been eligible to receive in Subsection (c).
(e) If state appropriations are less than the amount
necessary to fund the level of financial assistance generated by
the formula in Subsection (c) above:
(1) No commission shall receive less than annual
financial assistance of $50,000, as long as financial assistance
available to all commissions remains at or above the level of
assistance allocated in fiscal year 2003.
(2) If available annual financial assistance is less
than the amount allocated in fiscal year 2003, assistance to all
commissions shall be reduced proportionally from the assistance
they would have received at the fiscal year 2003 funding level.
(f) For the purposes of this section, the population of a
county is the population outside all dues-paying member
municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 1137, § 1, eff. June 20, 2003.
§ 391.013. INTERSTATE COMMISSIONS. (a) With the
advance approval of the governor, a commission that borders another
state may:
(1) join with a similar commission or planning agency
in a contiguous area of the bordering state to form an interstate
commission; or
(2) permit a similar commission or planning agency in
a contiguous area of the bordering state to participate in planning
functions.
(b) Funds provided a commission may be commingled with funds
provided by the government of the bordering state.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.014. INTERNATIONAL AREAS. With the advance
approval of the governor, a commission that borders the Republic of
Mexico may spend funds in cooperation with an agency, constituent
state, or local government of the Republic of Mexico for planning
studies encompassing areas lying both in this state and in
contiguous territory of the Republic of Mexico.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 391.015. WITHDRAWAL FROM COMMISSION. A participating
governmental unit may withdraw from a commission by majority vote
of its governing body unless it has been otherwise agreed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.